Appellate Division: Second Judicial Department

M203416

E/sl

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2014-00384 Lorraine Robinson, et al., respondents-appellants, v Robert Viani, appellant-respondent, World Gym Poughkeepsie, Inc., et al., respondents. (Index No. 3180/09)

DECISION & ORDER ON MOTION

2014-10830

Lorraine Robinson, et al., respondents-appellants,

v Robert Viani, et al., appellants-respondents,

et al., defendants.

(Index No. 3180/09)

Motion by Robert Viani and World Gym Poughkeepsie, Inc., on appeals and cross appeals from two orders of the Supreme Court, Dutchess County, dated October 25, 2013, and August 25, 2014, respectively, to dismiss the cross appeal from the order dated October 25, 2013, for failure to timely perfect and upon dismissal of that cross appeal to dismiss the cross appeal from the order dated August 25, 2014, on the ground that review of the issues to be raised on the cross appeal from that order will be precluded by the dismissal of the cross appeal from the order dated October 25, 2013 (see Bray v Cox, 38 NY2d 350). Cross motion by Lorraine Robinson and Alfred Robinson III, inter alia, in effect, to enlarge the time to perfect the cross appeal from the order dated October 25, 2013, or to deem Point II of the brief filed in connection with the cross appeal from the order dated August 25, 2014, to be filed with respect to the cross appeal from the order dated October 25, 2013.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the cross appeal from the order dated October 25, 2013, for failure to timely perfect is granted, and the cross appeal from that order is dismissed, without costs or disbursements (see 22 NYCRR 670.8[e]); and it is further,

ORDERED that the branch of the motion which is to dismiss the cross appeal from the order dated August 25, 2014, is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal from that order for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied.

RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court